Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

scholarly journals Peculiarities of Representation in Civil Proceedings

2019 ◽  
Vol 85 (2) ◽  
pp. 44-55
Author(s):  
K. R. Rezvorovych
Keyword(s):  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Systematic Analysis ◽  
Legal Personality ◽  
Civil Process ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Subject

The thesis was devoted to the research of the peculiarities of representation in the civil process. The main objective of this thesis is the determination of the peculiarities of legal adjusting for the representation in the civil process. Methodological basis of the thesis consisted of such methods as: formal-logical, system analysis, dialectical and hermeneutical. The relevance of this thesis is evidenced in particular by there that was disclosed such facts as: the content of the institute of representation in civil law and civil process doctrine; the circle of persons who can be representatives in civil procedure. It was made a systematic analysis of the provisions of the Civil Procedure Code (CPC) of Ukraine on the subject of the implementation of the representation of individuals in civil proceedings. There were investigated the problems of restricting the circle of persons who can be representatives in civil proceedings. The analysis of standing and its confirmation by various persons who can carry out representation in civil proceedings was done. According to the results of the research, it was established that modern CPC of Ukraine does not determine the essence of relations between representatives and persons whose interests they realize. The mainstreaming and law-governing influence is mainly related to the legal personality of the representatives, their procedural status. It was also determined the range of duties and rights of representatives within the civil legal process. In addition, it was proved that the modern CPC of Ukraine is being introduced in the state, in fact, a monopoly on the representation of the parties by a lawyer in the courts, in the civil process, but leaves the possibility of realizing the relations of representation between an individual and another person who does not have the lawyer status, who ruled only in, such cold as, minor affairs. Thus, the practical significance of the conclusions reached was aimed primarily at the theoretical and methodological plane to continue the reform of the institution of representation in the civil process, as well as in the practical activities of representatives in the context of expanding the opportunities for individuals to exercise their procedure’s rights.

scholarly journals Transformation of the Civil Right to the Freedom of Expression in the Internet

2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  
Keyword(s):  
Information Exchange ◽  
System Analysis ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Article ◽  
Global Information ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Right

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

scholarly journals Relevant Issues of Russian Consulting Market

2021 ◽  
pp. 72-91
Author(s):  
Anna Iurevna Kashirtseva ◽  
Mariia Aleksandrovna Plakhotnikova
Keyword(s):  
Comparative Analysis ◽  
Research Methodology ◽  
System Analysis ◽  
Market Development ◽  
Management Activity ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Separate Object ◽  
General Scientific

Modern consulting processes at any level are quite complex and require constant monitoring and improvement to maintain their effectiveness. That is why the interest in studying the consulting market as a separate object of management activity is constantly growing. The purpose of the study is to identify the problems of the development of the consulting market that are characteristic of Russian practice and to find optimal ways to eliminate them. The research methodology includes general scientific methods such as comparative analysis of sources, system analysis and synthesis of facts, induction and analogy. The result of the research is a list of problematic areas of the consulting market development and current ways to improve it.

scholarly journals THE ESSENCE OF TOURIST AND RECREATIONAL WATER USE, PECULIARITIES AND PROBLEMS OF ITS ACCOUNTING IN UKRAINE

2019 ◽  
pp. 20-28
Author(s):  
Mykhaylo Volodymyrovych Tsependa ◽  
Mykola Mykhailovych Tsependa ◽  
Natalia Romanivna Tsependa
Keyword(s):  
Sustainable Development ◽  
Water Resources ◽  
Water Use ◽  
System Analysis ◽  
Practical Significance ◽  
Recreational Water ◽  
Public Accounting ◽  
Scientific Methods ◽  
Water Economy ◽  
General Scientific

The purpose of the study is to distinguish among the directions of modern use of water resources tourist and recreational water use; describe its specifics and problems of public accounting. Methods. The research used general scientific methods, including analysis, synthesis, comparison, generalization, system analysis. Results. The role and increasing importance of water resources in tourism and recreation development are described; the place of tourist and recreational water use in the water economy is revealed; legislative and regulatory bases of accounting of tourist and recreational water use in Ukraine are analyzed; the most significant problems of the process of objective estimation of volumes of use of water resources in the field of tourism and recreation are outlined. Scientific novelty. The category "tourist and recreational water use" is proposed for scientific use; the specifics of its accounting in Ukraine on the basis of sustainable development and economy of water resources are analyzed. Practical significance. Optimization of the accounting of tourist and recreational water use will make it possible to rationalize the consumption of water resources in the field of tourism and recreational activities.

scholarly journals THEORETICAL BASES AND PRACTICAL ASPECTS OF SCALING HIGH-TECHNOLOGY DRIVER COMPANIES INNOVATIVE DEVELOPMENT

2020 ◽  
Vol 2 (29(56)) ◽  
pp. 39-41
Author(s):  
I.O. Malyhina
Keyword(s):  
System Analysis ◽  
Technological Development ◽  
High Tech ◽  
Innovative Development ◽  
Synthesis System ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Theoretical Foundations

The relevance of the study is confirmed by the high importance of innovative and technological development of the economy. The aim of the study is to analyze the theoretical foundations of scaling high-tech companies, drivers of innovative development. Thebasis of the study was general scientific methods: analysis and synthesis, system analysis, induction. The author's definition of high-tech companies-drivers. The theoretical foundations for scaling up high-tech companies as the basis for innovative and technological development of the economy have been improved.

scholarly journals Association of producers as a tool of strategic development of medicinal plants in Ukraine

Ekonomika APK ◽  
2020 ◽  
Vol 312 (10) ◽  
pp. 6-13
Author(s):  
Oleksandr Nechyporenko ◽  
Tetiana Mirzoieva
Keyword(s):  
Medicinal Plant ◽  
Practical Significance ◽  
Strategic Development ◽  
Scientific Methods ◽  
National Economic ◽  
Analysis And Synthesis ◽  
Medicinal Crops ◽  
General Scientific ◽  
Characteristic Features ◽  
Relationship Of

The purpose of the article is to substantiate the feasibility of introducing various forms of associations of producers of medicinal crops the context of the strategic development of medicinal plant growing. Research methods. General scientific methods of empirical research were applied, such as comparative-historical and descriptive - to study the development trends of forms of management, primarily cluster, as well as to record the results of their implementation; a systematic approach - to assess the field of medicinal plant growing as a system and determine the dependencies between its elements; general logical methods of analysis and synthesis - to determine the stakeholders of the region and their opportunities for the development of medicinal plant growing in Ukraine; abstract-logical - for generalization and formation of conclusions. Research results. he relationship of the strategy for the development of medicinal plant growing in Ukraine with the directions of the National Economic Strategy-2030, especially with the vector of potential improvements in the spheres of health and education, is revealed. The main characteristic features of the forms of associations of producers as clusters and cooperatives are analyzed. It is proposed to use them as tools to create a profitable model for the development of medicinal plant growing. Scientific novelty. Theoretically, the feasibility of introducing various types of economic associations in the field of medicinal plant growing, primarily cluster and cooperative ones, as guarantors of the economic development of stakeholders has been confirmed. Practical significance. The introduction of various forms of associations of manufacturers is proposed to accelerate the implementation of the strategy for the development of the medicinal plant growing industry in Ukraine. Tabl.: 1. Refs.: 17.

scholarly journals ELECTRONIC MEANS OF PROOF IN CIVIL PROCESS

2021 ◽  
pp. 145-153
Author(s):  
S. V. Dyachenko ◽  
S. V. Dyachenko
Keyword(s):  
Rapid Development ◽  
The United States ◽  
Scientific Methods ◽  
Electronic Evidence ◽  
Civil Process ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
General Scientific ◽  
Effective Use

The purpose of the article is to explore the issues of electronic means of proof in the civil process of Ukraine and foreign countries, the problems of application, as well as to identify possible ways to improve them. Relevance of research is due to that the issue of electronic evidence is gaining new importance at the present stage during the rapid development and improvement of electronic means of communication and media which causes the emergence of new theoretical and practical problems in their application. In this regard, a comparative analysis of the legislative consolidation and practice of application of this topic in civil proceedings of foreign countries and Ukraine will provide an opportunity to identify further ways to modernize electronic evidence in general. Also, the problematic issues concerning their application during the trial have not been fully resolved and the peculiarities of other countries have not been singled out. Therefore, effective use of the achievements of scientific and technological progress has become an important issue in the judiciary due to the continuous computerization and informatization. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and proposals. The following general scientific methods of cognition were used during the research: dialectical, terminological, logical-semantic, system-structural, logical-normative, comparative. The issues of legislative regulation of electronic evidence in Ukraine and other countries, their key differences, as well as the author’s ways to improve electronic evidence by borrowing best practices from other countries, including the United States. Problematic aspects of legislative consolidation of electronic evidence have been identified, the possibility of introducing forensic methods into the civil process to establish the authenticity of the provided electronic evidence and application of the blockchain system in order to prevent their destruction has been assessed. The current legal positions from judicial practice were given and analyzed on the issues under consideration. The results of the study can be used in lawmaking and law enforcement activities for the use of electronic evidence in civil proceedings.

scholarly journals Organizational and structural aspects of the formation of the economic efficiency of agricultural enterprises

Ekonomika APK ◽  
2020 ◽  
Vol 310 (8) ◽  
pp. 98-106
Author(s):  
Yuliia Okhota
Keyword(s):  
Economic Efficiency ◽  
Structural Changes ◽  
Practical Significance ◽  
Scientific Methods ◽  
Agricultural Enterprises ◽  
Analysis And Synthesis ◽  
The Status ◽  
Logical Method ◽  
General Scientific ◽  
Structural Aspects

The purpose of the article is to characterize the organizational and structural aspects of the formation of economic efficiency of agricultural enterprises. Research methods. General scientific methods were used during the research - analysis and synthesis (to identify the links between the factors of formation of economic efficiency of agricultural enterprises, as well as to assess the status unifying effects of its formation); induction (for the implementation of theoretical conclusions about the patterns of causation of organizational and structural changes and the results of economic activity of enterprises); comparison (to compare the dynamics of changes in the structural composition of enterprises in the process of economic reform, as well as the financial efficiency of their activities); abstract-logical method (for structuring the factors and effects of the formation of economic efficiency of agricultural enterprises). Research results. The organizational and structural aspects of the formation of economic efficiency of agricultural enterprises as a representation of their system, as well as individual businesses are substantiated and disclosed. Scientific novelty. Based on the systematization of empirical data on the development of agricultural enterprises, it was identified modern features of the formation of economic efficiency, its organizational and structural aspects with estimates of the enterprises size and their regional specifics of efficiency. Practical significance. The obtained results have an applied, methodological orientation and provide an opportunity to justify management decisions in the development of agricultural enterprises depending on the size and taking into account the organizational form. Tabl.: 4. Refs.: 18.

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

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